« Previous | Contents | Next »
Listen
ADOPTION POLICY REVIEW GROUP: CHOICES FOR CHILDREN IN FOSTERING AND ADOPTION
Chapter 10. Support in Adoption Placements
For issues about tracing and access to adoption records, see Chapter 11.
Adoption support raises many practice issues, but it is important to get the legal framework right. The Report on Phase I of the Review dealt with post-adoption support in Chapter 3. Many of the recommendations are practised-based, but a mixture of possible legislation, Guidance and Standards flow from them. And overall, in order to ensure an effective and efficient support system, a robust legal structure is necessary.
Following up on the Phase I, Chapter 3 Recommendations, there is a need to consider how legal changes could help:
(a) actively to promote comprehensive support services and ensure they are explicitly available to all parties;
(b) to ensure that all local authorities include adoption and adoption support services clearly in their Children's Services Plans, as required by s.19(2)(b) of the 1995 Act;
(c) to promote the benefits of partnerships between local authorities and voluntary agencies in this area of practice;
(d) to promote Guidance and/or Standards for post-adoption services for children, birth families and adoptive parents;
(e) to establish an Adoption Support Network for Scotland.
The 1978 Act and the 1995 Act already have provisions that cover many of these points, but their expansion and consolidation might increase their effectiveness. It can be difficult in practice to marry up the various duties because they are in two different pieces of legislation.
There are a number of matters needing consideration.
- It is crucial for effective delivery of services that the duties in primary legislation on local authorities to provide adoption support are as clear and as wide-ranging as the recommendations proposed. The current provisions for post-adoption support are contained in s.1 of the 1978 Act. Serious consideration needs to be given to expanding these, either within s.1, or in a stand-alone provision. For example, s.1(1)(a) and (2)(bb) mentions assisting only 'children who have been or may be adopted' with no direct reference to adopted adults. And while counselling and assistance is to be provided to such children and to adopters, only counselling is available for other persons, including birth parents, s.1(2)(c).
- Clarity is needed about which authority should be responsible for support for children and adults who have been adopted. At present, the duty lies on the local authority where the person is living, irrespective of where the adoption took place, or the child's original residence, s.1(1) and (2) of the 1978 Act. Services for adopted adults probably need to be organised on the basis of where adoptees live. However, there is a question about whether or not local authority agencies who have placed children outwith their area should remain responsible for adoption support and funding, until the child is 18. They do remain liable for children 'looked after' by them, wherever they are living. The 2002 Act provides that the authority agency where the child, or other person looking for support, lives should be responsible, s.3(1). It imposes a duty to assess the need for adoption support, s.4(1). The Department of Health are currently consulting in detail about how the system should work, including what should happen when a child is placed in another area.
- 'Adoption Contracts' between adoption agencies and prospective adopters are a good practice tool. These can help provide clarity of expectation on all sides, particularly when there are two agencies involved, i.e. the placing one and the one where the adopters live. Should contracts be mandatory in all agency adoptions?
- Section 22 of the 1995 Act concerns local authority services for children 'in need' and forms the cornerstone of local authority child-care services in the community. There is a question about whether the definition of 'in need' (s.93(4)(a) of the 1995 Act) should specifically include some or all adopted children. This could be viewed as negative and labelling. However, it could highlight that such children and families have specific needs to be met and bring them clearly within the ambit of the local authority services which are most widely provided.
- The adoption allowances system would benefit from re-consideration. Every local authority agency must have an adoption allowances scheme, and voluntary agencies may have one, s.51A(1) of the 1978 Act. The AAll Regs set out the rules about when and how allowances can be paid and provisions for review, variation and termination. At present, practice varies from agency to agency; and amounts paid also vary between agencies. There are problems about arranging allowances after adoption, either when unforeseen difficulties arise; or when foreseen difficulties arise, but were not considered by the adoption agency at the time of matching and placing. One possibility would be to introduce a national scheme for all agencies, so that children and adopters could expect the same system and payments throughout the country. Another possibility would be National Standards or Criteria to ensure that every family receives the same consideration for allowances. This ties in with the recommendation in the Phase I Report, that there should be an Adoption Support Network for Scotland, Chapter 3, Recommendation 8.
QUESTIONS:
30. Should the adoption support provisions in the 1978 Act be expanded?
31. Should the local authority agency where the person seeking adoption support lives be liable for support, whatever the age of the adoptee?
32. Should there be a duty on local authority agencies to assess for the need for adoption support?
33. Should adoption support contracts be mandatory in all agency adoptions?
34. Should s.22 of the 1995 Act (children 'in need') be extended to include some or all adopted children?
35. Should there be one adoption allowances scheme applying throughout Scotland?
« Previous | Contents | Next »